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89-1902 . � . . � . . � ��.a,.� �.!.-�.. C�k .�t . , ;;r., �. WMITE - CITV CLERK . PINK � FINANCE COl1I1C11 /� CANARV -DEPARTMENT G I TY OF A I NT PAU L /(/ BIUE -MAVOR _ Flle �O. _` ! �� City Attny/PBB y�a � � . O/ ftiZ �nce I� � Ordinance N 0. Presented By ����� � ✓Referred To � Committee: Date .l�' �y—�� Out of Committee By Date An ordinance o repeal section 402 .05 of the Saint Pa 1 Legislative Code and to enact in li� thereof an authorized gambling tax un er Minn. Stat . §349 . 212 , subd. 5 . THE COUNCIL OF THE CITY OF SAIN PAUL DOES ORDAIN: 5 ction 1 STATEME T OF PURPOSE The investigative fees all� wed by current ordinance do not adequately recover the actual c sts of processing, investigating and administering applications � or various lawful gambling licenses and permits , nor the c sts of regulation and enforcement . It is necessary to impose the � atutory three percent tax to recover the direct and indirect costs � curred by the city to regulate all forms of lawful gambling. Such tax will be imposed upon the gross receipts (less prizes) of all o ganizations conducting lawful gambling in the City. a ction 2 Section 402 . 05 of the Sai' Paul Legislative Code is hereby repealed in its entirety. COUNCIL MEMBERS Yeas Nays 6" Requested by Department of: Dimond � �� �'- ~ [n Favor Goswitz �,` Rettman } r � ��� scne��i � ,l,• ,4�� f_�° Against BY Sonnen ,t!^ ` ; �� Wilson �--` ' ' Form Ap roved by City Attorney Adopted by Council: , Date Ceatified Passed by Council Secretary BY � �- 7-� By Approved by Mayoc: Date Approved by Mayor for Submission to Council By BY . � • * � �� • `• L I �'�`•��� DEPARTM[NTIOFFICEICOUNqI , DATE INITIATED � ' Fi nance/�.i c�nse REEN SHEET No. c`J 7 6.�J CONTACT PERSOPI i PHONE II�ITIAU OATE INITIAUDATE ARTMENT DiRECTOR qTY OOUNGL Chri sti ne Rozek/298-5056 �� ATTORNEY �CITY CLERK MUST BE ON COUNCIL ACiENDA BY(DATE� IIWlTIIiO DOET DIRECTOR �FIN.t MOT.8ERVICEB DIR. ��R(�RASSISTANTI � Council R arch TOTAL#�OF SIGNATURE PAGES (q.IP ALL L NS FOR SK,UdATURE� , ACTION REOUESTED: Approval of an ordinance repealin ction 402;05 (Gambling Investigative Fees) and replacing such fees with a 3% t on .net proceeds from charitable gambling. r RE TIONS:11PP►�W a��(R) COUNCIL I REPORT OPTIONAL _PLANNINQ COMMISSION __pVIL�RVI(:£COMMISSION ANALYST � PHONE NO. _qB COMMITTEE _ _STAFF _ COMMENTB: I p _DISTRICT COURT _ ����l��p I . i ����Np��E�, OCT 121�9 iNm+nno�oe��,�,o�oaruNmr Mmo.wnu,wn.n.whsr..wny►: j j � ���'� �i���� � The State of Minnesota has auth ri d local governments to nlace a 3� tax on net charitable gambling proc ed in lieu of an investinative �ee. All tax proceeds must be used for t e egulation of lawful gambling in St. Paul . ; � + ADVMITAtiES IF APPROYED: � provide funding to process andiin estigate new gambling licenses, to process monthly paperwork and checks, #o ake on site inspection and investigate complaints ; ; ; , ; i as�wv,wr�s��wa�ovEO: , I i will decrease the amount of n�t roceeds available for the charity sponsoring the gambling sessi�n . � i I I � � ; DISADVMITAGES IF NOT IIPPROVED: I i I i Cou�cii Research Center. j i 4CT 121989 , TOTAL AMOUNT OF TRANSACTION �T/I�VENUE lUDf�ETED(CIRCL.E ONE) YE8� NO FUNDN�K�SOURCE ACTIVIT1f NUMSER flNANpAL INFORMATION:(EXPWI� I , . : : �'�y'-/Q4� -2- ection 3 A new section 402 . 05 of th Saint Paul Legislative Code is hereby enacted to read as follo s : "Sec. 402. 05 . Local Gambi n tax. (a) Tax Im osed. There i hereby imposed a tax of three 3 percent on he gross receipts from all lawful. gambling takin place within the City of Saint Paul and receiv d by any person or organ- ization licensed purs ant to Minnesota Statutes , Chapter 349 . The ter gross receipts as used herein means gross re eipts less prizes actually paid out by the organ zation. (b) Use of Tax Proceeds . All tax proceeds shall be use or t e purpose f regulating lawful gambling within the city. (c) When Due and Payable. The tax imposed by this chapter sha be due nd payable to the inspector on or before the last day of the month next succeeding the month n which the organization collected gross recei ts from charitable gambling. Remittance of the ful amount of the tax shall be accompanied by comple ed monthly returns on forms prepared by the inspe tor, containing all the information required hereon. The inspector may adopt or use all or p rts of state forms used under chapter 349 . (d) Tax �orms , Rules and egulations . The inspector s a evise an urn s upon request to all those required to pay the s id tax suitable form returns on which to report an account for all taxes required to be paid under this section. The inspector may, upon notice and heari , adopt such rules and regu- lations as may be nec ssary to effect collection of the tax. �q-�-�� . � � � . �. . �� �-���o� -3- (e) Report to State. In c mpliance with Minnesota Statutes , section 349 . 12 , subd. 5 , the inspector shall file by March 15 each year a report with the Minnesota Gambling Con rol Board in the form prescribed by said Boa d showing (1) the amount of revenue produced by the tax during the preceding calendar year, and (2) the use of the proceeds of the tax. (f) Late Pa ment Penalt� If a tax payment is not rece e y t e inspec or on or before the due date provided above, a late payment fee of 10% of the total amount of tax proceeds due and owing on any given due date hall be added to the tax , total and paid by the erson or organization before the next monthly tax e date . An additional 10% late payment fee shall be added to the total due for each month during hich due tax proceeds are not paid or withheld. Failure to make any required tax proceeds nayment hall be sufficient grounds for adverse action by the Council pursuant to sections 310 . 05 and 3 0. 06 of the Legislative Code, and the Council may impose payment of taxes and late fees in full as a condition precedent to further operation of he licensed activity, in addition to any other penalties including suspension or revocation. �'g Q_7-�t • . _ _ WH17E - CI TV CIERK PINK - FINANCE GITY OF"' SAINT PAUL Council D� � CANARV -DEPARTMENT BLUE -MAVOR File NO. J�� • O� in�nce Ordinance N 0. Presented By Referred To Committee: Date Out of Committee By Date -4- Section 4 This ordinance shall take' effect and be in force on January 1 , 1990, which is more� than thirty (30) days following its passage, approva� and publication. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond I-°ng [n Favor Goswitz Rettman Scheibel Against BY Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date - Certified Passed by Council Secretary BY ����g By Approved by Mayor: Date Approved by Mayor for Submission to Council By By